What Are Qualifications To Receive Workers’ Comp In Wisconsin?
Were you hurt at work in Wisconsin? Most Wisconsin employers must offer workers’ compensation for injured workers’ medical expenses and lost earnings. If you were hurt or suffered an occupational illness and want to receive benefits, you should understand what the qualifications are, which are mentioned below.
Also, consider speaking to one of our Wisconsin workers’ compensation attorneys at Gillick, Wicht, Gillick & Graf to increase your chances of a successful claim. If your benefits request was denied, do not give up hope: Our attorneys can file an appeal and fight for the most compensation.
You Are An Employee Of An Employer With 3+ Workers
According to Wisconsin’s workers’ compensation law, all employees who work for an employer who employs at least three workers shall qualify for workers’ compensation benefits. This means that most workers in the state are covered, including public and private workers. The only employees who are not covered by the workers’ compensation law in Wisconsin are:
- Domestic servants
- Anyone whose employment is not in the profession, occupation, business, or trade of the employer
- Certain farm workers
- Religious sect members
- Workers employed by some Native American tribal enterprises
If you have questions about whether you qualify for workers’ comp, call one of our Wisconsin workers’ compensation attorneys today at (414) 257-2667.
You Suffered A Qualifying Injury Or Illness
The next qualification for Wisconsin workers’ compensation is that you have an injury or illness covered by the law. Some of the injuries and conditions that are covered include the following:
These may include fractures, crushing injuries, amputations, sprains, strains, hernias, paralysis or loss of a body part, loss of vision or hearing, disfigurement, bruises, cuts, or burns.
Mental harm also may qualify, such as nervous disorders, traumatic neurosis, and hysteria. The effects of a brain hemorrhage from an industrial accident also could qualify for benefits. If the injury is emotional stress or mental harm without physical symptoms, it must be demonstrated that the situation is occurring because of more than regular daily mental stresses at work. Proving mental harm of this type can be challenging.
Accidental injuries could include physical or mental harm that happened suddenly because of an activity that resulted from employment.
A qualifying occupational disease causes long-term physical or mental harm over time because of a job-related condition, activity, or substance. Some common occupational diseases that may qualify for benefits are:
- Lead poisoning
- Respiratory disease
- Deterioration of bodily function(s) over time
Also, benefits could be payable if you suffered occupational hearing loss because of prolonged noise exposure. If you have questions about an occupational illness being covered, speak to our Wisconsin workers’ compensation attorneys.
Injury Or Illness Must Be Job-Related
The next qualification for workers’ compensation in Wisconsin is that the injury or illness arose from employment. So, you and your attorney must prove that the injury or illness occurred when you were engaged in a job-related activity. Some common types of injuries that may qualify for benefits are:
- On-the-job mishaps: For example, some common on-the-job accidents that should qualify are slip and fall accidents, overexertion, and strains.
- Injuries in the car: It could be covered if the injury occurs during employment-related activities. However, if the incident happened in your vehicle on the way to or from work, it is probably not covered.
- On company steps or in the parking lot: If you were hurt in the parking lot or on the building steps, you probably will qualify for workers’ compensation.
- Injured off-site but while engaged in work: If you were hurt when away from company property but still doing work for your employer, it should be covered. Suppose you are out of the office covering a company-sponsored work conference at a hotel and injure your ankle in the hotel. If you were working at the time, the injury should be covered.
- Traffic accidents: If you were hurt in a car accident doing company business, it should be covered by workers’ compensation.
Must Give Proper Notice
You also must give your employer proper notice to receive workers’ compensation benefits for your injury or illness. The law states that employees should notify their employer of a job-related injury within 30 days of the incident. However, if you do not provide notice in 30 days, you still can provide notice within two years of the date of injury.
However, you should report the injury as soon as you can. A late report could cause your company to suspect that the accident occurred at home or did not happen at all. You can give notice to your employer in writing or verbally. The notice should have the time and date of the incident, type of illness or injury, body part(s) involved, whether medical attention was needed, and the circumstances of the incident.
If Your Claim Is Denied
All is not lost if your claim is denied. We will request a hearing on your behalf and make a claim for the benefits you deserve. If your claim is denied, call us at 414-257-2667.
Contact Our Wisconsin Workers’ Comp Lawyers Today
After a job-related injury, it is understandable if you are upset, confused, and unsure of what to do. At Gillick, Wicht, Gillick & Graf, our Wisconsin workers’ compensation attorneys provide the best legal representation for your workers’ comp needs. Our experienced attorneys will perform a complimentary free case review among our many legal services.
If your case qualifies and you decide to move forward, our attorneys will handle all legal paperwork and take the case as far as necessary to receive benefits. Our Wisconsin workers’ comp attorneys have represented injured workers all over southern Wisconsin for almost 80 years, and we can assist with your claim today. Call (414) 257-2667 today for a complimentary legal consultation, and we do not receive compensation until you receive benefits.